Bail Act 1997

Payment of moneys into court, etc.

5

5. (1) Where a court admits a person who is in custody to bail F8 [ the court may, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody, order that ] the person shall not be released until—

( a) an amount equal to one third, or

( b) such greater amount as the court may determine,

of F9 [ any moneys to be paid into court under a recognisance ] entered into by a person in connection therewith has been paid into court by the person.

(2) (a) F10 [ Where a court requires payment of moneys into court by a person or any surety as a condition of a recognisance, it may accept as security, in lieu of such payment, any instrument that it considers to be adequate evidence of the title of a person to property (other than land or any estate, right or interest in or over land) ]

(b)Where a bank, building society, credit union or post office deposit book is accepted as security by a court by virtue of paragraph (a), the court shall make an order directing the bank, building society or credit union concerned or An Post, as the case may be, not to permit the moneys on deposit to be reduced below—

(i) an amount equal to the amount required to be paid into court, or

(ii) the amount then on deposit,

whichever is the lesser.

(3) Where a person charged with an offence is admitted to bail by a court and—

(a) he or she is discharged in relation to that offence pursuant to section 8 (5) of the Act of 1967 or otherwise,

(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or

(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,

and if the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the F11 [ amount (if any) of any F12 [ moneys paid ] into court ] by any person in connection therewith shall be repaid to the person and shall discharge any order made under subsection (2) and release any security accepted by the court under that subsection.

F13 [ (4) This section shall not apply in relation to a person under the age of 18 years. ]

F14 [ (5) The payment of an amount of moneys under a recognisance for transmission to the court to a person specified in section 22(3) of the Act of 1967 shall be deemed to be a payment into court for the purposes of this section and references in this section and in section 22 of the Act of 1967 to the payment of an amount of moneys into court and to moneys paid or to be paid into court shall be construed accordingly. ]

Annotations:

Amendments:

F8

Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(a)(i), commenced on enactment.

F9

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(a), S.I. No. 236 of 2007.

F10

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(b), S.I. No. 236 of 2007.

F11

Inserted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 33(a)(ii), commenced on enactment.

F12

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 8(c), S.I. No. 236 of 2007.

F13

Inserted (1.05.2002) by Children Act 2001 (24/2001), s. 89, S.I. No. 151 of 2002.

F14

Inserted (25.08.2009) by Criminal Justice Miscellaneous Provisions Act 2009 (28/2009), s. 48(a), S.I. No. 330 of 2009.